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Benton's Communications-related Headlines For Wednesday April 5, 2006

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NEWS FROM CONGRESS
Franchise Bill Gets Another Makeover
AT&T Promises to Abide by Barton Bill
Report: Bells Red-Lining with Video Services
Snowe, Dorgan Shopping Net-Neutrality Bill
Experts Offer Dueling Takes On 'Network Neutrality'
USF Reform Hits House
Senators cast wary eye on Lucent-Alcatel deal
Comcast Baseball Coverage Gets Hill Hearing

NEWS AT THE FCC
FCC Chairman Martin: Repeal of Cross-Ownership Ban Overdue
Kevin Martin Dials Up Broadband Spin
MAP Maps Out Cable Re-Reg
No Need For New Lease on Access, Says NCTA

NEWSPAPERS
Why Johnny can't be bothered
Do New Free Dailies Mean Sun Is Setting For Paid Newspapers?
All the propaganda that's fit to print

QUICKLY -- Unbundled Media Content Poses A=20
Challenge; Spitzer sues Direct Revenue over=20
spyware; Offbeat shows turn Web into world wide=20
TV network; How Many 'Housewives' Viewers Drink=20
Coke? ABC Knows; Verizon, JetBlue rejected for=20
wireless auction; Michigan First to Mandate=20
Online Learning; Thornburg: Ed tech stalled by=20
'fear'; A Superspeed Connection Covering That Vexing Last Mile

NEWS FROM CONGRESS

FRANCHISE BILL GETS ANOTHER MAKEOVER
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
As the House Telecom & Internet Subcommittee=20
amends proposed national video franchising=20
legislation this morning, expect stronger=20
anti-redlining language to help woe Democrats to=20
support the measure. Additional changes could=20
include stronger enforcement power over=20
violations of the FCC's network neutrality=20
principles, which encourage nondiscrimination in=20
the provision of Internet service. The bill could=20
require the FCC to adjudicate complaints within=20
90 days, up the fine for violations to $500,000=20
per, and give the FCC additional enforcement=20
authority. The bill also could allow for periodic=20
audits of the national franchisee to make sure=20
they are paying their franchise and PEG (public,=20
educational and government) channel fees. House=20
Telecom Subcommittee Chairman Fred Upton (R-MI)=20
called the latest incarnation of the bill a=20
Goldilocks solution. Some see the bill as too=20
big, some too small, he said, while he saw it as=20
just right. See latest changes to the bill at the URL below.
http://www.broadcastingcable.com/article/CA6322046?display=3DBreaking+News
* Rep Barton's statement:
http://energycommerce.house.gov/108/News/04042006_1841.htm
* Lawmakers eye fines for Internet discrimination
http://today.reuters.com/news/newsArticle.aspx?type=3DinternetNews&storyID=
=3D2006-04-04T235511Z_01_N04197528_RTRUKOC_0_US-INTERNET-CONGRESS.xml
* Net neutrality advances on Capitol Hill
http://news.com.com/Net+neutrality+advances+on+Capitol+Hill/2100-1034_3-...
7789.html?tag=3Dnefd.top
* Local Franchising Fine, Says Cablevision
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Cablevision said Tuesday that Verizon's latest=20
local franchising deal -- in Hempstead (NY) --=20
demonstrates that there is no need for a national video franchising law.
http://www.broadcastingcable.com/article/CA6322080?display=3DBreaking+News

AT&T PROMISES TO ABIDE BY BARTON BILL
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
AT&T promised a top House Democrat that its video=20
service will be regulated under the terms=20
established by a new telecommunications bill=20
expected to be approved Wednesday by a House=20
subcommittee. =93To the extent =85 that you and other=20
members may be concerned that AT&T would not be=20
covered by the draft [bill], we would welcome=20
discussions with the [Energy and Commerce=20
Committee] to ensure that AT&T=92s video offering=20
falls under the bill,=94 an AT&T official said in a=20
letter to Rep. John Dingell (D-MI) Monday. The=20
House bill, sponsored by Energy and Commerce=20
chairman Joe Barton (R-TX), would make a national=20
cable franchise available to phone companies in=20
effort to bypass franchising at the municipal=20
level. Lawmakers on the House Subcommittee on the=20
Internet began debate on the bill Tuesday=20
afternoon and vote on amendments today. National=20
franchises would be awarded to providers of=20
=93cable service=94 as defined by federal law. AT&T=92s=20
position was, and is, that its Project Lightspeed=20
video service does not meet the cable-service=20
definition. AT&T sued Walnut Creek and Lodi (CA)=20
when those cities rejected its claim that its=20
video service isn't a cable service. In a March=20
29 letter to AT&T chairman and CEO Edward=20
Whitacre, Rep Dingell demanded responses to his=20
concerns that if the bill became law, AT&T would=20
be in position to claim that it was exempt from=20
its terms, including payment of 5% of gross=20
revenue to local governments and requirements to=20
serve all income strata in a community.
http://www.multichannel.com/article/CA6321989.html?display=3DBreaking+News
See also --
* County fights for control over cable companies
[SOURCE: Ventura County Star, AUTHOR: Kevin=20
Clerici, kclerici( at )VenturaCountyStar.com]
Cities in Ventura County could soon lose local=20
control over cable company contracts if efforts=20
by telephone giants AT&T and Verizon, among=20
others rolling out new television services, are=20
successful in undercutting the agencies'=20
contracting powers. The Ventura City Council on=20
Monday joined dozens of other agencies around the=20
state and nation in urging Congress, the=20
California Legislature and the governor to=20
preserve its right to negotiate and collect fees locally from cable provide=
rs.
http://www.venturacountystar.com/vcs/county_news/article/0,1375,VCS_226_...
4197,00.html

REPORT: BELLS RED-LINING WITH VIDEO SERVICES
[SOURCE: Multichannel News, AUTHOR: Linda Moss]
Broadband Everywhere, which was founded and=20
backed by cable operators, issued a report=20
Tuesday charging that phone companies plan to=20
deliver video services in mostly affluent=20
communities with few minority-group residents.=20
Based on maps and demographic and U.S. Census=20
data, Broadband Everywhere claimed that more than=20
90% of the towns where telcos have announced=20
upgrades are above the national median income. On=20
average, the telco-announced target towns are 7%=20
African-American and only 8.3% Hispanic, well=20
below the national averages for each demographic, according to the report.
http://www.multichannel.com/article/CA6322011.html?display=3DBreaking+News

SNOWE, DORGAN SHOPPING NET-NEUTRALITY BILL
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
Sens. Olympia Snowe (R-Maine) and Bryon Dorgan=20
(D-ND) are circulating draft legislation on=20
network neutrality. Among other things, the=20
Snowe-Dorgan bill would ban Internet-service=20
providers -- including cable and phone companies=20
-- from blocking or degrading lawful content and=20
from discriminating against unaffiliated content=20
providers. The Federal Communications Commission=20
would have authority to prescribe rules. The=20
agency would have to act on a complaint within 90=20
days or the complaint would be deemed granted.
http://www.multichannel.com/article/CA6322010.html?display=3DBreaking+News

EXPERTS OFFER DUELING TAKES ON 'NETWORK NEUTRALITY'
[SOURCE: Technology Daily, AUTHOR: Drew Clark]
"Network neutrality" is either a fundamental=20
necessity for free and open digital=20
communications or a distraction from other, more=20
realistic approaches to preserve Internet=20
freedoms -- depending which expert one was=20
listening to at Monday's Freedom to Connect=20
conference. "Networks work best when they are=20
networks of general purpose," said Tim Wu, a law=20
professor at Columbia University. "The big=20
question for the future of telecom law is this=20
question of discrimination rules." He said the=20
goal must be to stop network owners from hurting=20
others, and from hurting society, by offering=20
financial deals to carry the content of some at=20
the expense of others. But Martin Geddes,=20
director of the telecom consultancy=20
Telepocalypse, called efforts to obtain network=20
neutrality a mistake, for both substantive and=20
tactical reasons. "There is no reason to=20
fossilize or worship the Internet as it stands,"=20
he said. From a practical view, network operators=20
will find neutrality rules "just too easy to get=20
around," Geddes said, while arguing that=20
imposition of such rules would require courts to=20
patrol engineering decisions. "Do you really want=20
the courts to design [the Internet]? Companies=20
will spend more money on lawyers than on network=20
engineers," declared Geddes, who formerly was a=20
product strategy manager at the wireless carrier=20
Sprint. "It doesn't stand up."
http://www.njtelecomupdate.com/lenya/telco/live/tb-SUPB1144183235709.html

USF REFORM HITS HOUSE
[SOURCE: EarthWebNews]
Reps Lee Terry (R-NE) and Rick Boucher (D-VA)=20
introduced legislation last week to extend=20
Universal Service Fund (USF) contributions to=20
Voice over IP and broadband services. Currently,=20
local and long distance telephone companies,=20
wireless providers, paging firms and pay phone=20
companies are obligated to contribute to the=20
fund, which subsidizes phone service in=20
under-served or rural areas. The USF, through the=20
E-rate program, also funds Internet connections=20
in schools and libraries. Payments into the fund=20
are collected through consumers' telephone bills.=20
The Universal Service Reform Act of 2006 would=20
remove VoIP and broadband's exemption from USF=20
contributions. The representatives said their=20
bill would encourage the deployment of broadband,=20
especially in rural areas, by allowing recipients=20
to use universal service support to deploy=20
broadband within their service areas. The=20
legislation also requires recipients of universal=20
service support to deploy broadband with a=20
download speed of at least 1 megabit per second within 5 years of enactment.
http://news.earthweb.com/bus-news/article.php/3596281
* To learn more about the bill, see http://www.benton.org/index.php?q=3Dnod=
e/849

SENATORS CAST WARY EYE ON LUCENT-ALCATEL DEAL
[SOURCE: Reuters, AUTHOR: Jeremy Pelofsky and Susan Cornwell]
The Committee on Foreign Investments in the=20
United States (CFIUS), an interagency body that=20
examines foreign acquisitions of American=20
companies, must review and clear the=20
Alcatel-Lucent merger. A number of US senators=20
are already expressing some concerns about the=20
deal. However, it is unclear whether the concerns=20
about security and job losses ultimately will=20
force the telecommunications equipment companies=20
to make any changes to their $14.1 billion merger.
http://today.reuters.com/news/newsArticle.aspx?type=3DpoliticsNews&storyID=
=3D2006-04-04T202252Z_01_N04375884_RTRUKOC_0_US-LUCENT-SECURITY.xml&archive=
d=3DFalse

COMCAST BASEBALL COVERAGE GETS HILL HEARING
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
House Government Reform Committee Chairman Tom=20
Davis (R-Va.) has scheduled a hearing Friday,=20
April 7, "Why Most Nats Fans Can't See their Team=20
on TV," on TV coverage, or lack of it, of=20
Washington Nationals Baseball games. Areas of the=20
Washington suburbs served by Comcast can only see=20
a handful of games because the cable company will=20
not carry the Mid Atlantic Sports Network (MASN).=20
Comcast had bid on the rights to the Nationals --=20
the relocated Montreal Expos -- but lost out to MASN.
Comcast has, in turn, refused to carry the=20
network on cable systems serving nearly two=20
million subscribers in the network's territory.=20
Cox has recently struck a deal to carry the games=20
in Fairfax, another big suburb. The Baltimore=20
Orioles, which own MASN, turned to the FCC for=20
help and want to make the dispute an issue in=20
regulators' review of Comcast's planned purchase=20
of parts of Adelphia Communications, which the=20
FCC is still reviewing. MASN is also moving the=20
Orioles games off of Comcast's own regional=20
sports network to MASN starting next year.
http://www.broadcastingcable.com/article/CA6322078?display=3DBreaking+News

NEWS AT THE FCC

FCC CHAIRMAN MARTIN: REPEAL OF CROSS-OWNERSHIP BAN OVERDUE
[SOURCE: Editor&Publisher, AUTHOR: Mark Fitzgerald]
FCC Chairman Kevin Martin told publishers at the=20
Newspaper Association of America's (NAA) annual=20
meeting today that he=92s committed to overturning=20
the ban on same-market cross-ownership, but that=20
newspapers need to do a better job of selling=20
repeal. After excoriating the commission for=20
failing since 1996 to back up its repeal rhetoric=20
with action, he said newspapers must =93educate the=20
public about the changing media landscape,=94 and=20
the benefits of ending the 31-year-old ban on=20
same-market ownership of newspaper and broadcast=20
stations. =93The failure to implement these rule=20
changes is not our fault alone,=94 Martin said at=20
the meeting in the McCormick Place convention=20
center. =93The public is not convinced of the need=20
to change these rules, and if you can't convince=20
the public, our chances to do that are dim.=94 He=20
noted pointedly that while other media has=20
exploded in the past quarter-century, there are=20
now some 300 fewer daily newspapers. The=20
cross-ownership ban has =93adversely impacted=94 the=20
quantity and quality of local news reports,=20
Chairman Martin said. He argued the continued ban=20
was unfair in light of the relaxed ownership=20
rules allowing TV station owners to operate=20
television duopolies and to own as many as six=20
radio stations. =94Newspapers are the only medium=20
specifically prohibited from owning a single=20
broadcast station in its own market,=94 he added.=20
Martin said he hoped to begin work on the repeal=20
this summer, but that no decision had yet been=20
made on whether it would be part of a wider rules change.
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_con...
t_id=3D1002276893
* Help needed to end ban on cross-media ownership: FCC
http://today.reuters.com/news/newsArticle.aspx?type=3DpoliticsNews&storyID=
=3D2006-04-04T204145Z_01_N04138063_RTRUKOC_0_US-MEDIA-NEWSPAPERS.xml&archiv=
ed=3DFalse
* FCC head seeks push on cross-ownership ban
http://www.fortwayne.com/mld/newssentinel/business/14261577.htm
* Extra! Extra!: Martin Presses Print/TV Dereg
http://www.broadcastingcable.com/article/CA6321836?display=3DBreaking+News
* Martin Stumps to Lift Newspaper Rule
http://www.multichannel.com/article/CA6321990.html?display=3DBreaking+News
* NAHJ Calls for Minority Broadcast Ownership Study
[SOURCE: National Association of Hispanic=20
Journalists, AUTHOR: Veronica Villafa=F1e]
In a letter to Secretary Carlos Gutierrez, NAHJ=20
calls for a study to examine the current state of=20
minority broadcast ownership to provide the=20
public with current, updated information.
http://www.nahj.org/nahjnews/articles/2006/april/gutierrezletter.shtml
* Full text of Chairman Martin's speech
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264774A1.doc

KEVIN MARTIN DIALS UP BROADBAND SPIN
[SOURCE: CJR Daily, AUTHOR: Paul McLeary]
[Commentary] Despite FCC Chairman Kevin martin's=20
commentary earlier this week, between 2000 to=20
2003 the United States actually fell from 4th to=20
13th place in global rankings of broadband=20
Internet usage per capita. Currently, the=20
majority of American households can access only a=20
broadband service that is "among the slowest,=20
most expensive, and least reliable in the=20
developed world," as Thomas Bleha wrote in the=20
May/June 2005 issue of Foreign Affairs. What's=20
worse, despite all the high-minded rhetoric=20
coming from Martin and the Bush administration,=20
the United States still has no national=20
initiative to upgrade Internet service to bring=20
it up to the level of most other developed=20
nations. How much has the lack of focus by the=20
FCC cost American business? A 2001 study=20
conducted by an economist at the Brookings=20
Institution "estimated that 'widespread' adoption=20
of basic broadband in the United States could add=20
$500 billion to the U.S. economy and produce 1.2=20
million new jobs." In 2004, another Brookings=20
economist stated that "as much as $1 trillion=20
might be lost over the next decade due to present=20
constraints on broadband development." That is=20
the real state of domestic broadband and=20
high-speed Internet service. Regulators have made=20
a decision to allow local telephone monopolies to=20
impede competition; as a result, while more=20
Americans are signing up for high-speed access,=20
they're not getting anything close to what they=20
could be getting. And it's going to take more=20
than spin for American broadband to catch up with the rest of the world.
http://www.cjrdaily.org/the_audit/kevin_martin_dials_up_broadban.php

MAP MAPS OUT CABLE RE-REG
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Saying the cable business has become sufficiently=20
dominant that the FCC needs to step in, media=20
consolidation critic Media Access Project (MAP)=20
has proposed a laundry list of "fixes." MAP et.=20
al. (including the Benton Foundation) were=20
responding to the FCC's request for input on=20
whether the FCC has met the 70/70 test for cable=20
dominance, which would then free the FCC, by=20
statute, to promulgate regulations to ensure=20
diversity of programming. They say the test --=20
70% cable penetration with 70% of those taking=20
cable -- has been met and that means the FCC can=20
do a host of things that promote program=20
diversity which they argue has suffered under a=20
consolidated cable industry. But while the cable=20
industry reads the law narrowly and says the test=20
applies only to regulations regarding the pricing=20
of leased-access channels, MAP argues that,=20
instead, it was a way to give the FCC broad=20
re-regulatory powers if it turned out that the=20
leased-access set-aside was not insuring program=20
diversity. Saying that competition is diminishing=20
and diversity suffering, MAP wants the FCC to: 1)=20
strengthen leased access provisions and boost and=20
public, educational and government (PEG)=20
channels; 2) mandate open broadband access; 3)=20
impose a cap on cable ownership; 4) and eliminate=20
the so-called terrestrial loophole that does not=20
require cable operators to give competitors=20
access to programming that is not delivered by satellite.
http://www.broadcastingcable.com/article/CA6321754.html?display=3DBreaki...
News
* MAP's comments are available online at=20
http://www.mediaaccess.org/Section612Comments.pdf

NO NEED FOR NEW LEASE ACCESS, SAYS NCTA
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The National Cable & Telecommunications=20
Association says there is already plenty of=20
multichannel video competition so there is no=20
need for the FCC to take any regulatory steps to=20
promote program diversity. NCTA filed comments=20
Monday on whether the so-called 70/70 test had=20
been met and what the FCC might need to do if it=20
had. The test is tied to leased-access provisions=20
that require the FCC to set aside 10-15% of cable=20
channels for lease to independent programmers.=20
According to statute, when cable is available to=20
70% of U.S. households, and 70% of those=20
households are cable subscribers, the wired=20
medium will have become sufficiently dominant=20
that the FCC is allowed to come up with new=20
regulations to "promote diversity of information=20
sources." NCTA says that, although the first=20
threshhold has been met, the second hasn't and=20
will likely never be as the increasing=20
competition that the FCC itself acknowledges=20
continues to siphon off market share. Telco SBC=20
in its filing argued that both tests had been met=20
and the FCC should step in to spur competition.=20
In comments in the same proceeding, the Center=20
for Digital Democracy, Catholic Bishops and the=20
Benton Foundation argued that the same=20
marketplace developments have led to new avenues=20
for diverse programming, the Web, video-on-demand=20
and IPTV, and that it was time to clarify what=20
access obligations should apply to all those new services.
http://www.broadcastingcable.com/article/CA6321633?display=3DBreaking+News

NEWSPAPERS

WHY JOHNNY CAN'T BE BOTHERED
[SOURCE: Chicago Tribune, AUTHOR: Thomas Geoghegan and James Warren]
[Commentary] The crisis in America, where=20
ironically we have the world's highest rate of=20
bachelor's degrees, is that if people don't read=20
papers, they generally won't vote. The crisis of=20
the press here is a crisis of democracy too. The=20
single best indicator of whether someone votes is=20
whether he reads a paper, according to political=20
scientist Martin P. Wattenberg in his book,=20
"Where Have All the Voters Gone?" But the=20
converse is also true. Whether one votes is a=20
much better indicator than a college degree as to=20
whether one is reading a daily paper. The=20
reaction between these two trends, a decline in=20
voting and the decline in the reading of dailies,=20
is what scientists call autocatalytic. One drives=20
the other in a downward spiral. The under-30=20
young read far less, and vote far less--and=20
according to their teachers, have fewer opinions.=20
Not reading, not having political sentiments,=20
they aren't especially capable of voting=20
intelligently anyway. What can we do now? Teach our kids to read.
http://www.chicagotribune.com/news/opinion/chi-0604040221apr04,0,1714048...
ory?coll=3Dchi-newsopinioncommentary-hed

DO NEW FREE DAILIES MEAN SUN IS SETTING FOR PAID NEWSPAPERS?
[SOURCE: Wall Street Journal, AUTHOR: Joseph T.=20
Hallinan joseph.hallinan( at )wsj.com]
When the Baltimore Examiner, America's newest=20
daily newspaper, hits 250,000 stoops and=20
driveways here today, it will boast a bigger=20
circulation than the 169-year-old Baltimore Sun.=20
Of course, no one is sure what that=20
quarter-million papers will really mean to=20
advertisers because they will be delivered=20
unsolicited and at no charge. But as newspapers=20
struggle to woo advertisers and keep readers in=20
the Internet age, the Examiner stands out as=20
arguably the boldest experiment yet in America's=20
deepening flirtation with free daily newspapers.=20
"Can a mature subscription-based daily paper --=20
even one as respected as the Sun -- be vulnerable=20
to an upstart that's giving news away?" says=20
Thomas Kunkel, dean of the Philip Merrill College=20
of Journalism at the University of Maryland. "It=20
really and truly is a very interesting and open=20
question." Free commuter papers -- some started=20
by established publishers such as Tribune Co. and=20
Washington Post Co. -- have spread to Boston,=20
Chicago, New York and Washington. And the=20
Examiner's Denver-based parent, privately held=20
Clarity Media Group, has launched breezy,=20
tabloids similar to Baltimore's in San Francisco and Washington.
http://online.wsj.com/article/SB114420238830617334.html?mod=3Dtodays_us_...
ketplace
(requires subscription)

ALL THE PROPAGANDA THAT'S FIT TO PRINT
[SOURCE: Miami Herald 4/3, AUTHOR: Edward=20
Wasserman edward_wasserman( at )hotmail.com]
[Commentary] The Bush administration has=20
recovered from its initial qualms over secretly=20
paying to plant pro-U.S. stories in the fledgling=20
Iraqi press. An internal Pentagon review has now=20
concluded that those efforts, part of a wider=20
propaganda push using a U.S. outfit called the=20
Lincoln Group and costing as much as $100 million=20
over five years, don't violate law or policy.=20
That conclusion is a turnabout. At first, after=20
The Los Angeles Times exposed the program in=20
December, the administration had a brief bout=20
with principle. Having paid off journalists for=20
favorable columns and secretly financed bogus=20
news releases supporting administration policies=20
at home, we have the U.S. government using tax=20
dollars to hobble precisely the independent=20
expression that our troops are supposed to be fighting to make possible abr=
oad.
http://www.miami.com/mld/miamiherald/news/opinion/14249052.htm

QUICKLY

UNBUNDLED MEDIA CONTENT POSES A CHALLENGE
[SOURCE: Oxford Analytica]
Media content is increasingly becoming=20
"unbundled" from its physical distribution=20
medium, such as CDs. This "disruptive" technology=20
has led to different pricing models and lowered=20
barriers to entry for content authors, creating a=20
challenging business environment for publishers=20
and media companies. Historically, information=20
and entertainment content were captive to their=20
physical distribution medium or distribution=20
time. Given the technology of the past, consumers=20
were forced to purchase and access content using=20
the physical medium or schedule dictated by the=20
content distributor. This resulted in=20
"appointment-based" consumption. Today, this old=20
model of consumption is vanishing, due to changes=20
in three significant areas: 1) unit pricing, 2)=20
on-demand access and 3) digital delivery.=20
Businesses, particularly traditional media=20
companies and publishers, face several key=20
challenges in the face of this technological change.
http://www.forbes.com/home/technology/2006/03/31/media-content-tech-cx_0...
oxford.html

SPITZER SUES DIRECT REVENUE OVER SPYWARE
[SOURCE: Center for Democracy & Technology]
In what promises to be a landmark case in the=20
fight against unwanted "adware" New York Attorney=20
General Elliot Spitzer sued software distributor=20
Direct Revenue, alleging the firm "=20
surreptitiously installed millions of pop-up ad=20
programs on consumers' computers." The Center for=20
Democracy & Technology applauded Spitzer's=20
efforts, noting that aggressive law enforcement=20
will be essential to curbing the spread of=20
unwanted, potentially damaging programs throughout the Internet.
Spitzer Release : http://www.oag.state.ny.us/press/2006/apr/apr04a_06.html
Complaint:=20
http://www.oag.state.ny.us/press/2006/apr/Direct%20Revenue%20Verified%20...
ition.pdf
* Spitzer sues Direct Revenue over spyware
http://today.reuters.com/news/newsArticle.aspx?type=3DinternetNews&storyID=
=3D2006-04-04T164802Z_01_N04403189_RTRUKOC_0_US-SPITZER-SPYWARE.xml

OFFBEAT SHOWS TURN WEB INTO WORLD WIDE TV NETWORK
[SOURCE: Reuters, AUTHOR: Bob Tourtellotte]
The widely hyped merging of the PC and TV is=20
finally taking shape in a way that only a few=20
people imagined in the late 1990s Internet boom.=20
From independent producers like Mondo Media to=20
big media companies like MTV, and even kids who=20
post videos on community sites like YouTube.com,=20
the World Wide Web is becoming a sort of=20
worldwide TV network for audiences seeking=20
offbeat entertainment not shown on mainstream television.
http://today.reuters.com/news/newsArticle.aspx?type=3DinternetNews&storyID=
=3D2006-04-04T194244Z_01_N04147147_RTRUKOC_0_US-LEISURE-INTERNETTV.xml

ABC OFFERS NEW OPTIMIZER PRODUCT TO MARKETERS
[SOURCE: AdAge, AUTHOR: Claire Atkinson]
With the calendar ticking down the weeks before=20
the broadcast network upfront ad market kicks=20
into high gear, ABC is hoping to gain an edge on=20
its rivals by selling its audience to marketers=20
in thinner, more targeted -- and potentially more=20
lucrative -- slices. The Walt Disney Co. network=20
is out shopping a new optimizer product to help=20
media agencies buy ratings points that are more=20
akin to their clients=92 target markets, as opposed=20
to broad swaths of adults aged 18-to-49. The=20
network, for instance, could tell agencies=20
exactly how many people watching =93Desperate=20
Housewives=94 drive trucks or drink Coke. That info=20
can help marketers best understand where to spend=20
their dollars, though ABC said it is offering up=20
data based on program genres and dayparts to get=20
a better sample size at this point. ABC, which=20
has invested just less then half a million=20
dollars in the product, said it is responding to=20
marketers=92 desire to use research to better inform their TV buying.
http://adage.com/news.cms?newsId=3D48514

VERIZON, JETBLUE REJECTED FOR WIRELESS AUCTION
[SOURCE: Reuters]
Units of Verizon Communications and JetBlue=20
Airways filed incomplete applications to bid in=20
the upcoming sale of airwaves for high-speed=20
communications services aboard passenger=20
airplanes, the FCC announced Monday. The=20
companies, plus five other potential bidders that=20
failed to initially qualify for the auction, have=20
until April 17 to fix their applications so they=20
can participate in a May 10 auction. The airwaves=20
to be sold include those licensed to Verizon's=20
Airfone service, which offers service through=20
phones embedded in airline passenger seats. Those=20
phones are not used regularly because of the high cost.
http://news.com.com/Verizon,+JetBlue+rejected+for+wireless+auction/2100-...
3_3-6057295.html?tag=3Dhtml.alert

MICHIGAN FIRST TO MANDATE ONLINE LEARNING
[SOURCE: eSchool News]
Looking to improve the level of rigor in high=20
school classrooms and better prepare students for=20
the realities of the modern workforce, Michigan=20
lawmakers have approved a bill that requires=20
every student in the state to take part in some=20
form of online instruction before they graduate.=20
Believed to be the first of its kind in the=20
country, the requirement--part of a larger=20
proposal designed to hold high schools across the=20
state to a higher standard of learning--clears=20
the way for other states to consider online=20
competency as a prerequisite to graduation.
http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=3D6223

THORNBURG: ED TECH STALLED BY 'FEAR'
[SOURCE: eSchool News, AUTHOR: Robert Brumfield]
An interview with David Thornburg, author of The=20
New Basics: Education and the Future of Work in=20
the Telematic Age, a handbook on teaching the=20
skills necessary for success in the 21st-century=20
workplace. "The main thing that's holding=20
technology back is ... a fear--a well-placed=20
fear, I might add--that if technology becomes=20
ubiquitous, it will totally transform the=20
practice of education. There are a lot of people=20
who don't want the practice of education=20
transformed, because they're very comfortable with it."
http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=3D6225

A SUPERSPEED CONNECTION COVERING THAT VEXING LAST MILE
[SOURCE: New York Times, AUTHOR: Ken Belson]
It's the bottleneck that bedevils businesses=20
everywhere: the "last mile" of wire connecting=20
offices to a phone company's switching station.=20
In most of America, one carrier =97 typically a=20
Bell company =97 maintains the high-capacity data=20
and calls over that route, which means little=20
competition and high prices. But Lou Slaughter,=20
the chief executive of GigaBeam, a technology=20
company in Herndon, Va., has come up with an=20
alternative: millimeter-wave technology, which=20
transmits data over wireless connections at one=20
gigabit per second =97 1,000 times as fast as a=20
D.S.L. connection. The idea of commercial=20
high-speed wireless connections is not new.=20
GigaBeam's proprietary technology, though, may be=20
a more elegant =97 and potentially more durable =97=20
solution. Unlike many other high-speed wireless=20
technologies, including Wi-Fi and WiMax,=20
GigaBeam's pencil-thin signals travel over=20
licensed spectrum, which is regulated and thus=20
requires paying fees and much paperwork. Using=20
this spectrum also means that GigaBeam's signals=20
do not interfere with other signals and are thus=20
more secure. The safety and reliability of=20
GigaBeam's technology make it attractive to large=20
companies, hospitals, universities, governments=20
and other organizations that need to connect clusters of buildings affordab=
ly.
http://www.nytimes.com/2006/04/05/technology/techspecial4/05giga.html
(requires registration)
--------------------------------------------------------------
Happy Birthday, Aaron!
--------------------------------------------------------------
Communications-related Headlines is a free online=20
news summary service provided by the Benton=20
Foundation (www.benton.org). Posted Monday=20
through Friday, this service provides updates on=20
important industry developments, policy issues,=20
and other related news events. While the=20
summaries are factually accurate, their often=20
informal tone does not always represent the tone=20
of the original articles. Headlines are compiled=20
by Kevin Taglang headlines( at )benton.org -- we welcome your comments.
--------------------------------------------------------------

The Subcommittee on Telecommunications and the Internet will meet in OPEN MARKUP SESSION on Tuesday, April 4, 2006, Wednesday, April 5, 2006, and subsequent days if necessary, in 2123 Rayburn House Office Building, to consider H.R. ___, a Committee Print on the Communications Opportunity, Promotion, and Enhancement Act of 2006. On Tuesday, April 4, 2006, the Subcommittee will convene at 5:00 p.m. for the purpose of opening statements. The Subcommittee will reconvene on Wednesday, April 5, 2006 at 10:00 a.m.

http://energycommerce.house.gov/108/Markups/04042006markup1834.htm

For more on the bill:
http://www.benton.org/index.php?q=node/1882

Coverage Type 

NEW FCC DATA ON HIGH-SPEED SERVICES FOR INTERNET ACCESS
[SOURCE: Federal Communications Commission]
On Monday the FCC released new data on high-speed connections to the Internet in the United States. Twice a year, facilities-based broadband providers report the number of high-speed connections in service pursuant to the FCC's local telephone competition and broadband data gathering program. Statistics reflect data as of June 30, 2005. For reporting purposes, high-speed lines are connections that deliver services at speeds exceeding 200 kilobits per second (kbps) in at least one direction, while advanced services lines are connections that deliver services at speeds exceeding 200 kbps in both directions. The June 30, 2005 data provide more information about the "speeds" of advanced services lines and finer distinctions among technologies than previously reported. They also enable, for the first time in this data collection, estimation of the extent to which high-speed Digital Subscriber Line (DSL) connections are available to households residing in the areas served by incumbent local exchange carriers (ILECs) and the extent to which high-speed cable modem service is available to households residing in the areas served by cable TV systems. Highlights of the report include: 1) there are 37.7 million advanced service lines in the US, 61.8% of which were at least 2.5 mbps in the faster direction; 2) of the 37.7 million advanced services lines, 34.3 million served primarily residential end users. Cable modem service represented 64.9% of these lines while 33.9% were asymmetric DSL (ADSL) connections; 3) As a nationwide average, the FCC estimates that high-speed DSL connections were available to 76% of the households to whom ILECs could provide local telephone service as of June 30, 2005, and that high-speed cable modem service was available to 91% of the households to whom cable system operators could provide cable TV service.; 4) 98% of US zip codes have at least one high-speed provider -- The most widely reported technologies by this measure were satellite (with at least some presence reported in 86% of Zip Codes), ADSL (in 78% of Zip Codes), and cable modem (in 62% of Zip Codes). ADSL and/or cable modem connections were reported to be present in 85% of Zip Codes.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264738A1.doc

* See the report at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264744A1.pdf

* Martin Touts Dereg Drivers of Broadband Gains
http://www.broadcastingcable.com/article/CA6321372?display=Breaking+News


New FCC Data on High-Speed Internet Access
Coverage Type 

SPITZER ACCUSES FEDS OF SECRETLY UNDERMINING HIS 'PAYOLA' CASE
[SOURCE: Associated Press, AUTHOR: Devlin Barrett]
New York Attorney General Eliot Spitzer accused federal regulators Monday of going behind his back to negotiate with radio companies caught in a "payola" scandal, and saying the move undercuts the case he's been building for years. Negotiations between radio companies and the Federal Communications Commission have included possible payments of about $1 million per company, said an official familiar with the talks. The official spoke on condition of anonymity because the talks are secret and have not been finalized. Spitzer's lawyers, by contrast, have been seeking a figure closer to $20 million from each company, the official said.
http://www.silive.com/newsflash/metro/index.ssf?/base/news-16/1144081453...

* Spitzer Criticizes Talks Between FCC, Stations
http://www.latimes.com/business/printedition/la-fi-spitzer4apr04,1,41809...

* Free Press Pushes Tough Payola Fines
http://www.broadcastingcable.com/article/CA6321354?display=Breaking+News

* FCC Must Crack Down on Payola Broadcasters
http://www.freepress.net/press/release.php?id=125


http://www.silive.com/newsflash/metro/index.ssf?%2Fbase%2Fnews-16%2F114408145318…
Coverage Type 

BISHOPS PUSH FOR LEASED ACCESS REVIEW
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The United States Catholic Conference of Bishops, the Center for Digital Democracy and the Benton Foundation are taking the FCC to task for what they say is the FCC's "neglect" of its oversight role, which they argue has negative impacted program diversity. In comments filed at the FCC, they argue that current FCC leased-access rules setting aside 10%-15% of cable channels for unaffiliated entities--have instead "deterred non-affiliated programmers from using leased access, further entrenched cable operators' hold on video programming, and have not resolved the harms that the leased access provisions were designed to address, such as cable operators' lack of incentive to provide programming with divergent interests." The religious leaders are concerned about access to those channels for religious programming. The comments came in response to the FCC's annual state of video competition report, which was released last month. In the report, the FCC concluded that consumers now have a choice, on average, of broadcast, cable, and two satellite services for their TV, as well as increased offers of bundled services -- TV, Internet access, phone. It also concluded that rather than necessarily lowering cable prices, wired incumbents have responded by adding more services.
http://www.broadcastingcable.com/article/CA6321463?display=Breaking+News
* See press release:
http://www.democraticmedia.org/news/washingtonwatch/FCCleasedaccess.html


http://www.broadcastingcable.com/article/CA6321463?display=Breaking%20News
Coverage Type 

NEW FCC DATA ON LOCAL TELEPHONE COMPETITION
[SOURCE: Federal Communications Commission]
On Monday the FCC released new data on local telephone service competition in the United States. Highlights include: 1) "End-user customers obtained local telephone service by utilizing approximately 144.1 million ILEC switched access lines, 34.1 million CLEC switched access lines, and 191.3 million mobile telephony service subscriptions at the end of June 2005; and 2) At least one CLEC was serving customers in 83% of the nation's Zip Codes at the end of June 2005. About 98% of United States households resided in those Zip Codes. Moreover, multiple carriers reported providing local telephone service in the major population centers of the country.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264743A1.doc
* See the FCC report at:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-264742A1.pdf


New FCC Data on Local Telephone Competition
Coverage Type 

JUDICIARY COMMITTEE TO SEEK A PIECE OF HOUSE TELECOM BILL
[SOURCE: Technology Daily, AUTHOR: David Hatch]
The House Judiciary Committee plans to request sequential referral over portions of a telecommunications bill released last week by House Energy and Commerce Chairman Joe Barton (R-TX). The Judiciary panel's involvement would be significant because Judiciary Chairman James Sensenbrenner (R-WI) is a vocal critic of the regional Bell operating companies who is concerned about the possibility of anti-competitive conduct. The referral, if approved by House leaders, would come after the full Commerce panel approves the Barton-authored measure, which is viewed as favorable to the Bell companies. Meanwhile, the Judiciary Committee is quietly drafting legislation based on a bill introduced in 2004 by Chairman Sensenbrenner and Judiciary ranking member John Conyers (D-MI). The measure would clarify that antitrust laws apply to the telecom sector regardless of court decisions suggesting otherwise. Depending on the outcome of the referral request, the Judiciary panel's legislation may include restrictive "network neutrality" provisions banning telecom and cable companies from acting as Internet gatekeepers and offering faster speed service to preferred Web sites.
http://www.njtelecomupdate.com/lenya/telco/live/tb-OWSR1144093846528.html


Judiciary Committee To Seek A Piece Of House Telecom Bill
Coverage Type 

A TIERED INTERNET... THE NEW DIGITAL DIVIDE
[SOURCE: Diary of a Community Technology Advocate, AUTHOR: Angela Stuber]
[Commentary] If "pay to play" is legislated, our Internet service will be tiered like our cable and we will have created a new Digital Divide. I have enough work trying to bridge the current Digital Divide… a tiered Internet will keep even more folks from accessing portions of the "Information Superhighway". Oh wait, there’s more… it will not only create inequal access from the consumer side but also make new business entry to the Internet more difficult. ‘Cause we know most new small businesses will not have the funds to “pay to play”. E-commerce is providing folks from all arenas an equal business opportunity, including folks with disabilities. Withdrawing that level playing fields just to boost bottom line of the Internet providers seems anti-economic development and downright Un-American.
http://angelastuber.blogspot.com/


A Tiered Internet ... The New Digital Divide
Coverage Type 

NET GAIN ON CAMPAIGN FINANCE RULES
[SOURCE: Washington Post, AUTHOR: E. J. Dionne Jr]
[Commentary] The new FEC rule is not that complicated, but it did involve some careful balancing. The commission, under pressure from a court decision, decided that paid advertising on the Internet should be subject to the same regulations as paid advertising on television, radio or in newspapers. The restrictions on the use of unregulated "soft money" that apply to the old media would apply to the new media, too. At the same time, bloggers won what they had long sought: exemptions from regulations on what they can say that are akin to those that apply to what is now quaintly called the "old media." For bloggers, it was a Let Freedom Ring moment. The decision could be looked at as a classic political compromise: Campaign reformers got something they wanted (the Web would not be allowed to become the loophole that ate all campaign finance regulations), while bloggers got something they wanted (freedom to inform, opine, fulminate and enrage, i.e., to speak their minds). But the decision was better than your usual split-the-difference Washington sausage-making because it acknowledged that two serious principles are at stake and because it sought to make sure that regulations would be applied uniformly across media outlets. The two principles are free speech and the ability of our democratic political system to protect itself from corruption. That's why Congress should resist any bill that would overturn the FEC's shrewd ruling and let money slosh around freely on the Internet.
http://www.washingtonpost.com/wp-dyn/content/article/2006/04/03/AR200604...
(requires registration)


Net Gain on Campaign Finance Rules
Coverage Type 

NEW TRENDS IN ONLINE TRAFFIC
[SOURCE: Washington Post, AUTHOR: Leslie Walker]
While growth is slowing at most top Internet sites, it is skyrocketing at sites focused on social networking, blogging and local information. The dramatic success of those Internet categories is apparent from a recent online-traffic analysis provided by market research firm ComScore Media Metrix, which examined visitor growth rates among the 50 top Web sites over the past year. Top-ranked sites growing the most, ComScore's data showed, were Blogger.com, a personal publishing site; MySpace.com, where young people do virtual preening and share musical tastes; Wikipedia, an open reference site jointly edited by millions of people; and Citysearch, a network of local guides focused on cities. The number of monthly visitors to each site rose at rates ranging from 185 percent (Citysearch) to 528 percent (Blogger.com) between February 2005 and February 2006. Their growth far exceeded the 4 percent increase in overall Internet visitors in the United States during that period. The traffic analysis shows the Internet is still a space where new brands such as MySpace can suddenly break into the upper ranks, where older brands such as Citysearch can revive themselves after languishing for years, and where established outfits such as Google often wind up as beneficiaries because they buy or copy services pioneered by upstarts.
http://www.washingtonpost.com/wp-dyn/content/article/2006/04/03/AR200604...
(requires registration)


New Trends In Online Traffic